Is it legal for my landlord to charge us to transfer my lease?

UPDATED: Oct 1, 2022

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Is it legal for my landlord to charge us to transfer my lease?

There is 13 months left and they want to charge over $10,000 to do the transfer. The landlord then wants to start a new lease with the buyer of my shop and raise their rent $500 per month and charge them 3 months rent in advance, plus charge them a deposit yet keep my $4700 deposit?

Asked on September 3, 2018 under Real Estate Law, California


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You need to read your lease and see if there is anything in it that relates to this.  You need to see if assumption or sublease is possible.  If it is, then you step in to the landlord's shoes.  My gut tells me that while the landlord can likely raise the rent, they can not charge this fee to you if you have found someone to mitigate their damages.  By that I mean if you broke the lease and walked away and they were left with no rent.  Here, they have a continuos tenant.  I would speak with a real estate attorney asap.  Good luck.

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